Law Commons^™

Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr.

Law Faculty Publications

Rural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, …

With Gratitute From Our Daughters: Reflecting On Justice Ginsburg And United States V. Virginia, Meredith Johnson Harbach

Law Faculty Publications

“What enabled me to take part in the effort to free our daughters and sons to achieve whatever their talents equipped them to accomplish, with no artificial barriers blocking their way?”

—Ruth Bader Ginsburg

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. …

A Guide To Legal Research In Virginia, Joyce Manna Janto

Law Faculty Publications

The primary goal of this new edition of A Guide to Legal Research in Virginia is to expand coverage in several chapters and to add a new chapter covering legal ethics materials. This edition also notes changes in the URLs for many Virginia government websites. Most of these changes are likely based on changes in administrations and technological upgrades. The researcher should be aware that there is a lack of consistency among Virginia government web addresses. Changes in the operation and coverage of the major legal databases are noted where appropriate. Today, Virginia practitioners have a wide variety of resources, …

Understanding Your Domestic Relations Rights In Virginia, 2016-2017, Julie Ellen Mcconnell

Law Faculty Publications

The Metropolitan Richmond Women’s Bar Association has published this booklet to help you understand the general legal circumstances that you may face in resolving domestic relations problems under Virginia law. Each person faces unique circumstances that may not be specifically addressed in a broad overview. This booklet is not intended to provide specific advice to you or to address your specific situation. You should use this document only as an introduction to understanding your legal rights.

This booklet is based on laws in effect in Virginia on July 1, 2016. Because laws are always subject to change, you should consult …

Making Juvenile Justice More Humane And Effective, Julie Ellen Mcconnell

Law Faculty Publications

Long commutes, high costs and too much time away from family are among the most common frustration for workers in Virginia. But while those annoyances may be tolerable when it comes to our daily commutes, they have become an unfortunate feature of Virginia’s youth justice system, which confines hundreds of youth in large institutions far from their homes.

When young people have regular visits with their family and other members of the community, they have a much higher chance of being rehabilitated and successfully returning to those communities. Currently, many incarcerated youth in Virginia are held far from their families, …

Of Valentines, Diamonds, Emeralds And Peanuts: Heart Balm In Virginia, Paul M. Birch

Law Faculty Publications

A light look at heart balm statutes and Peter v. Langley, Civ. 89241 (Va. Cir. Ct. Nov. 6, 2014).

Death As A Bargaining Chip: Plea Bargaining And The Future Of Virginia's Death Penalty, John G. Douglass

Law Faculty Publications

Virginia now averages less than a single death sentence each year, a far cry from its not-too-distant history as the second most active death penalty state in the nation. The numbers alone tempt us to forecast the death of Virginia's death penalty: a death by disuse. But those numbers leave much of the story untold. The plummeting number of death sentences is only the diminishing tip of a larger, more stable iceberg of capital case litigation. That iceberg is melting very slowly, if at all.

Time To Upgrade Drinking Water Protections, Noah M. Sachs

Law Faculty Publications

A year ago, residents of Charleston, W.Va., learned that their entire drinking water supply had become contaminated by MCHM, a toxic chemical used to wash coal. Ten thousand gallons of MCHM had spilled from a corroding storage tank by the Elk River, located a mile upstream of the city’s drinking water intake pipes. As a result of the chemical spill, 300,000 citizens lost their water for more than a week, and hundreds sought emergency care.

That accident alone should have been a wake-up call for Virginians about the need to protect our water supply from chemical spills. But a year …

Marriage Equality Comes To Virginia, Carl W. Tobias

Law Faculty Publications

Part I of this article chronicles marriage equality's rise and development nationally. It ascertains that challenges, which fos- tered the invalidation of marriage prohibitions that essentially govern nearly all jurisdictions, including Virginia, have triggered some controversy. Part II scrutinizes Judge Wright Allen's resolu- tion of the Virginia litigation and the United States Court of Ap- peals for the Fourth Circuit determination, which affirmed her ruling. This portion finds that the district jurist comprehensively assessed the relevant legal and factual issues when striking down the proscription while the Fourth Circuit appropriately upheld her opinion. Part III then derives lessons from the …

A Strategy To Protect Virginians From Toxic Chemicals, Noah M. Sachs

Law Faculty Publications

This report is divided into two main parts. Part I of this report details the major sources of toxic chemical releases in Virginia. Part II then discusses our recommendations in more detail, outlining a series of reforms that would help the Commonwealth police and reduce the risks from toxic chemicals.

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.

Commandeering And Constitutional Change, Jud Campbell

Law Faculty Publications

Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …

Chapter 9: Fastcase, Gail F. Zwirner

Law Faculty Publications

In February 2005, the Virginia State Bar (VSB) Council approved plans to offer all Virginia lawyers free access to an online legal research program through a portal on the VSB's website. Then-Chief Justice Leroy Rountree Hassell, Sr., considered access to an online research tool a high priority for Virginia attorneys and urged the VSB to provide this kind of service. On June 13, 2005, the Virginia Supreme Court adopted a formal Rule of Court directing the VSB "to contract to provide online computerized legal resea1·ch services to its members."1 In February 2006, the VSB gave its notice of intent to …

The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges

Law Faculty Publications

Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.

Chapter 5: Administrative Law, Gail F. Zwirner

Law Faculty Publications

No abstract provided.

Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges

Law Faculty Publications

This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …

Administrative Law (Annual Survey Of Virginia Law, 2012), John Paul Jones

Law Faculty Publications

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rulemaking by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2009-2010), J. Rodney Johnson

Law Faculty Publications

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power of Attorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in this area. This article reports on all of these legislative and judicial developments, …

Wills, Trusts And Estates (Annual Survey Of Virginia) Law, 2008-2009, J. Rodney Johnson

Law Faculty Publications

The 2009 Session of the General Assembly enacted wills, trusts, and estates legislation (1) preventing, in cases where persons die aft.er June 30, 2009, application of a regrettable 2008 Supreme Court of Virginia decision dealing with the rights of illegitimate heirs in intestate succession, and (2) amending Virginia's version of the Uniform Principal and Income Act to provide for taxpayer benefit and clarity in matters relating to total return unitrusts, the marital deduction, and the income taxation of trusts. In addition, there were several other enactments along with four opinions from the Supreme Court of Virginia during the one-year period …

The Tragedy Of The Commons: The Case Of The Blue Crab, Carl W. Tobias

Law Faculty Publications

The blue crab has achieved iconic status throughout the Chesapeake Bay area, while the pugnacious crustacean and the majestic estuary are national treasures. The shallow waters provide optimal habitat for the species that has been deeply woven into the bay's economic and cultural fabric. Last year, after a respected committee ascertained that the crab was in jeopardy, anticipated future deterioration, and proffered extreme recommendations, Virginia and Maryland imposed draconian strictures which could reduce harvests by one third and help ameliorate the creature's depletion. A recent Executive Order, ambitiously designed by President Barack Obama to safeguard and restore the Chesapeake, illuminates …

The Virginia Judicial System: Organization And Structure, W. Clark Williams Jr.

Law Faculty Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2006-2008), J. Rodney Johnson

Law Faculty Publications

The 2007 Session of the General Assembly enacted substantially more wills, trusts, and estates legislation than one typically expects, some of which was of a particularly significant nature, such as that (1) providing for the probate of wills not executed with the required statutory formalities; (2) preventing any future application of an unfortunate augmented estate decision of the Supreme Court of Virginia; (3) avoiding the impact of federal Employee Retirement Income Security Act of 1974 ("ERISA") preemption in certain insurance revocation and slayer statute cases; and (4) mandating notice to the public when modification or termination of a charitable trust, …

Reconsidering Virginia Judicial Selection, Carl W. Tobias

Law Faculty Publications

The 2008 Virginia General Assembly adjourned this summer without electing judges to vacancies on the State Corporation Commission (the "Commission" or "SCC"), the Supreme Court of Virginia, and numerous circuit courts. Thus, Democratic Governor Tim Kaine recently appointed individuals to fill these openings. Although the jurists whom the Governor appointed seem very well-qualified, the judges may only serve for five months, unless the 2009 General Assembly elects them. The 2008 Assembly's failure to elect judges for these vacancies demonstrates that the selection process is ineffective, and perhaps broken, as this development has eroded the delivery of justice and may have …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Reassessing Charitable Immunity In Virginia, Carl W. Tobias

Law Faculty Publications

Although most states have legislatively or judicially abolished the once-prevalent doctrine of charitable immunity, the Supreme Court of Virginia and the Virginia General Assembly have essentially retained the doctrine intact. Moreover, the Supreme Court of Virginia has declared on numerous occasions that it is the prerogative of the General Assembly, not the court, to abolish charitable immunity. Because Virginia doctrinal developments which involve charitable immunity do not comport with trends across the country and have significant implications for plaintiffs, and for defendants which assert charitable immunity, these doctrinal developments warrant analysis. This essay undertakes that effort.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2004-05), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2003-2004), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2004 Session. In addition, there were four opinions from the Supreme Court of Virginia that raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash

Law Faculty Publications

This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

Law Faculty Publications

One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2002-2003), J. Rodney Johnson

Law Faculty Publications

The General Assembly of Virginia enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2003 Session. In addition, there were three opinions and one order from the Supreme Court of Virginia, and one Virginia Circuit Court opinion, that raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.